An update will be shared every week that Congress is in session. This will include a short summary of the past week in Congress, as well as a listing of all education-related bills introduced in the House and Senate, relevant Committee and Floor activity, and education-related hearings.
The Lame Ducks are Circling
Last week, we covered what happened on election night, and what the results could mean for federal education policy in Last Night in Congress. This week, we’re looking ahead. What can we expect between now and January 3, 2027, when the 120th Congress takes the reins?
The short answer: money, maneuvering, and a mad dash to the finish line. In other words, don’t mistake a lame duck for a sitting duck.
Congress Limps (and Leaps) Back Into Session
With the midterms (nearly) in the rearview mirror, Congress returns to Washington facing a familiar deadline: December 11, when the current CR expires. Funding will be the headline act. An appropriations package represents the last, best opportunity for departing members – and those about to lose their committee gavels or majorities – to secure their priorities before political realignment takes effect.
Expect a scramble to attach favored provisions, protect existing programs, and negotiate spending restrictions. For the world of education, the stakes extend well beyond funding levels. Appropriations legislation could also provide a vehicle for Congress to constrain executive branch actions affecting federal grants, agency operations, and education policy.
Among the provisions worth watching: potential limitations on the Department’s ability to frontload grant funding or terminate or non-continue funding for reasons unrelated to performance. Congress could also seek to slow or restrict implementation of controversial regulatory changes, including extending the current prohibition of finalization of the proposed revisions to the Uniform Guidance and EDGAR. The central question is whether Congress will use its remaining leverage to establish clearer guardrails around Executive authority in education or leave those disputes to the next Congress and the courts.
Bills to Watch
There are a couple of reported bills that should remain on everyone’s radar and may make an appearance in a larger appropriations package. One of the most consequential proposals for education stakeholders is the bipartisan S. 5046, which would prohibit the transfer of some Department of Education offices and functions to other agencies. The legislation responds to the Administration’s ongoing efforts to restructure the Department and redistribute its responsibilities across the federal government, with significant implications for SEAs, LEAs, institutions, and other federal grantees that depend on predictable federal oversight and administration. One question we’re watching: will OCR become part of the conversation? While it wasn’t included in S. 5046, given recent upheaval at DOJ and continuing concerns among civil rights and disability advocates about the future of federal education enforcement, Congress may face increasing pressure to address OCR’s status and responsibilities explicitly.
We’re also keeping an eye on Chairman Cassidy’s 21st Century Dyslexia Act and Representative Houchin’s New IDEA Act, a high priority for Senator Cassidy that would alter the identification of students with disabilities, eligibility standards, and the relationship between federal requirements and state and local implementation.
Whether any of these make it into a final package remains to be seen. But with the balance of power about to shift, the incentive to negotiate (or to dig in) is substantial.
The New Kids Are on the Hill
While returning members confront the funding deadline, newly elected members of Congress arrived in Washington for orientation today.
Between the flurry of introductory meetings, office assignments, and furniture reallocation, and the all-important business of navigating the cafeterias and figuring out how to use the Capitol Subway, members are beginning the more consequential work of securing committee assignments and positioning themselves for leadership roles.
For education stakeholders, those decisions are enormously important. We’re watching the composition and leadership of the Senate HELP Committee, the House Education and Workforce Committee, the House and Senate Appropriations Committees, and the Judiciary and Oversight Committees.
These assignments will help determine not only which education bills get hearings and votes, but also the direction of congressional investigations, oversight of the Department of Education and other agencies, and the federal government’s broader approach to education law and policy.
The election may have determined who holds the seats, but committee assignments will help determine who holds the power.
· H.R. 10953 (Kean, R-NJ), to direct the Secretary of Health and Human Services to establish and carry out a program for making allotments to States to pay for the cost of carrying out the State Ombudsman Program to serve as a resource to provide information and support to individuals with developmental disabilities and their families (Energy and Commerce; Education and Workforce).
· H.R. 10956 (Kennedy, R-UT), the IHS Workforce Parity Act of 2026, to amend the Indian Health Care Improvement Act to allow Indian Health Service scholarship and loan recipients to fulfill service obligations through half-time clinical practice (Natural Resources; Energy and Commerce).
· On November 4, Representative Scott (D-VA), ranking member of the House Education and Workforce Committee, sent letters to the Department of Education and other federal agencies reminding officials of their Federal Records Act obligations ahead of the 120th Congress. The letters emphasized that agencies must preserve records documenting government operations, policies, decisions, and transactions, and requested assurances by November 18, 2026.
· On November 5, Senator Warren (D-MA) and Representative Pressley (D-MA) led 31 colleagues on a letter to the Department raising concerns about systemic failures in federal student loan servicing, particularly involving income-driven repayment and Public Service Loan Forgiveness.
· On November 5, the following bills were reported: H.R. 9605, to ensure the Department of Health and Human Services will manage accreditation for foreign medical schools, and for other purposes, with an amendment (H. Rept. 119-870); and H.R. 3100, to amend the National Child Protection Act of 1993 to ensure that businesses and organizations that work with vulnerable populations are able to request background checks for their contractors who work with those populations, as well as for individuals that the businesses or organizations license or certify to provide care for those populations, with an amendment (H. Rept. 119-873).